Commonwealth v. Prewitt
Court of Appeals of Kentucky
Case 38 — INDICTMENT APPEAL PROM MARION CIRCUIT COURT. The instructions asked for by appellant were under the “sliding scale," allowing the jury to find the appellee guilty of robbery or grand larceny. The court erred in refusing to so instruct. (Whart. Crim. Law, section 802; Crim. Code, sections 262, 263.)
1Opinion of the CourtChief Justice Hines
This is an indictment charging robbery with evidence tending to show larceny. Prom a verdict of acquittal, the Commonwealth appeals in order to establish the law for guidance in future cases. The court properly instructed the jury as to what constitutes robbery, but refused to instruct that, if the accused was found to have been guilty of larceny, they might affix the penalty prescribed for that offense. The question presented is whether larceny is a degree of the offense of robbery. The Code provides, section 262: “Upon an indictment for an offense consisting of different degrees, the…
2Cited by9 opinions
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1923
- Davis v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Jones v. CommonwealthCourt of Appeals of Kentucky · 1903
- Cosby v. CommonwealthCourt of Appeals of Kentucky · 1920
- Breeding v. CommonwealthCourt of Appeals of Kentucky · 1921
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